Legal Question in Wills and Trusts in New Jersey

Re: Executor

Without knowing the exact circumstances surrounding the execution of the will, I can't give you a precise answer. However, if the will was properly executed and your fiance was of sound mind, it will likely stand up and your attorney would be wrong. The courts first look to testator intent. If your finace intended for you to receive his estate, and his son was estranged from him to some extent, you would have a relatively strong case. My office is experienced in matters of probate and contested estates, as well as litigation. We offer a free consultation. I can be reached at 201-445-4321, or toll free at 1-800-784-5140. My e-mail is [email protected] We recently relocated from Closter to Ridgewood, but handle estates throughout most of the estate.

Re: Executor

Normally the Will would control the disposition of his estate, and if you are the sole beneficiary, you would get everything, including any contingent litigation award (unless the judgement specified otherwise).

I think your problem is more of a moral issue. If your fiance told you to set up a trust for his son, you may feel obligated to do so. While it will probably be dificult for anyone to prove that you must set up the trust (did your fiance tell anyone else he wanted the trust set up?). However, you may feel a moral obligation to do so.

Re: Executor

Was the trust provided for in the Will, or merely a verbal request? If the Will merely left you everything and the trust was a verbal request, you may be entitled to the assets, including the litigation claim. However, if your fiance told people about his understanding as to the trust, a claim might be able to be made that the bequest to you forms an enforceable constructive trust of the assets/claim involved. You have a co-executor who might have an adverse interest to you and this could complicate the matter. I would have to see a copy of the Will to properly answer your question. If you desire, you could FAX a copy to me and let me know how to reach you to discuss this. My FAX number is 973-377-8167.